An accident at work is one in which the employee suffers some type of injury, temporary or permanent, while working.
According to Article 19 of Law 8213/91, the accident at work is:
“What happens due to the exercise of work in the service of the company or the exercise of the work of the insured, causing bodily injury or functional disturbance that causes death, the loss or permanent or temporary reduction of the capacity to work”.
In addition to being a one-time event, the work accident can also refer to occupational diseases, such as Repetitive Strain Injury (RSI) and Work-Related Musculoskeletal Disorders (WMSD). Not to mention the countless psychosocial evils, which are caused by the influence of the social context or the occupational stress generated by workload exhaustion.
Whatever the accident caused to an employee, it is necessary to have a medical expert's confirmation, carried out by the National Institute of Social Security (EHIC). The expert responsible for the case must find the relationship between the activity carried out by the employee and the accident.
When this happens, it is essential that your company knows how to follow the correct step by step to follow what the legislation says on the subject.
Do you know what are the types of work accidents considered by the Consolidation of Labor Laws (CLT)? How to report the accident and comply with workers' rights? Keep reading this article to find all the answers. Good reading!
What is an accident at work?
Any bodily injury or impairment of functional capacity is considered a work accident. It is caused during work or because of it, which may result from an external, sudden, unforeseen or accidental cause.
Its consequences can be death, incapacity for work, total or partial, permanent or temporary.
In Brazil, many companies do not take the necessary measures to ensure the protection of your team. Because of this, the number of deaths from accidents at work does not stop growing.
The information from the Digital Observatory for Occupational Health and Safety, developed by the Public Labor Ministry (MPT) and the International Labor Organization (ILO) are alarming. According to the survey data, since 2017 at least one worker has died every four and a half hours due to an accident at work.
In addition, the observatory estimates that, between 2017 and this year, 675,025 CATs were registered and 2,351 deaths were reported.
Thus, if your company does not want to be part of this statistic and loses its team members and still needs to pay fines, it is necessary to understand what the law says about the subject.
What does the law say about it?
The Federal Constitution enacted the right of workers to receive a insurance against accidents at work, in charge of your employer, including mandatory indemnity when you incur intent or guilt.
In most cases, accidents can be avoided. For that, it is enough that the company adopts all the mandatory basic protection measures, such as offering individual protection to all employees.
Therefore, when this does not happen and employees suffer some type of injury during work, they are entitled to compensation. The main ones are:
- Sickness benefit;
- Accident assistance;
- Professional qualification and rehabilitation;
- Retirement due to disability and pension due to death, the responsibility of which is the National Institute of Social Security (EHIC).
How to report the accident?
The employer is obliged to report the accident at work to its employees. When the case does not involve death, the Work Accident Report (CAT) must be issued. It can be sent by the company, worker or their legal representatives.
It is mandatory to carry out the communiqué in order not to suffer from assessments by the Ministry of Labor. If the company does not issue the CAT, you may face fines ranging from R $ 670.89 to R $ 6,708.88 depending on the severity of the accident.
In addition, the statement helps federal agencies to research and analyze statistics and possible epidemics. As from the CAT, the employee will have access to the EHIC's accident assistance or even get his retirement due to disability.
What are the rights of the worker?
After completing the CAT, the employee will have in hand the necessary documents to access the EHIC benefits. When proving his inability to perform his job, the professional now has the following rights:
Provisional stability of the injured person
The employee can stay 15 days away from his duties, after issuing the CAT. In this way, you can receive assistance from the EHIC. When you return to work, you will be guaranteed, for a minimum period of 12 months, the maintenance of your employment contract at the company, after the termination of the accident-related sickness insurance, regardless of the perception of accident-related assistance.
The worker is entitled to receive his full salary regardless of the time he needs to be away from his job.
Even if he is more than 15 days away, the professional who suffered an accident at work is entitled to have his Time of Service Guarantee Fund (FGTS) collected by the employer.
By disability retirement
Meanwhile, there are situations in which the inability of the worker to return to his duties is proven. In such cases, he has the right to retire due to disability with the EHIC. Now, if the disability is considered partial, there is a possibility of so-called special retirement.
When an accident at work leads to the death of the worker, his dependents are entitled to receive a pension.
What are the main types of accidents at work?
The items of art. 20 da law nº 8,213 / 91 conceptualizes:
- Occupational disease: produced or triggered by the exercise of work peculiar to a specific activity and included in the respective list drawn up by the Ministry of Labor and Social Security;
- Occupational disease: acquired or triggered due to special conditions in which the work is performed and directly related to it, included in the list mentioned in item I.
Other concrete types that can be considered accidents at work are:
- Act of aggression, sabotage or terrorism practiced by a third party or co-worker;
- Intentional physical offense, even from a third party, due to a work-related dispute;
- Act of recklessness, negligence or malpractice of a third party or work partner;
- Person deprived of the use of reason;
- Collapse, flood, fire and other situations, caused by force majeure disasters;
- Any accident suffered by the employee outside the working hours and hours, when the employee is at the service of the company;
- In cases of business travel, including studies financed by the company within its workforce training plans. Regardless of the means of transportation used, including a vehicle owned by the employee;
- Those caused on the way from the residence to the workplace and vice versa, whatever the means of transportation, including the vehicle owned by the employee.
Therefore, in cases of accidents at work in your company, always try to follow the requirements of the law and support your injured employees as much as possible. Understanding what the rights of the worker are is fundamental for this.
Find out all about employee rights in the event of work accident with HR Consultant UK.